The accompanying software is provided to the community for personal, non-commercial use at no cost, but subject to the terms of this license agreement. You may not download or use this software unless you fully agree to these terms and conditions. Commercial use or redistribution of the software requires a separate, written, license agreement with the Author. Commercial use is defined as any use by a business, organization, government agency, non-natural person, or where the user derives profit or compensation resulting, in whole or in part, from the use of the software.
1. User acknowledges that the Software is still in the development stage and that it is being supplied "as is", "where is", and "as available", without any support services from the author. Further, THE AUTHOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY RESENTATIONS OR WARRANTIES OF MECHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT, OR THAT THE WORK (OR ANY PORTION THEREOF) IS CORRECT, USEFUL, BUG-FREE OR FREE OF VIRUSES, or that the application of the software, will not infringe on any patents or other proprietary rights of others.
2. The Author shall not be held liable for direct, indirect, incidental, consequential, special, or punitive damages arising from any claim by User or any third party with respect to uses allowed under this license, or from any use of the Software.
3. User agrees to fully indemnify and hold harmless the author from and against any and all claims, demands, suits, losses, damages, costs and expenses arising out of the User's use of the Software.
4. This agreement will terminate immediately upon User's breach of, or non-compliance with, any of its terms. User may be held liable for any copyright infringement or the infringement of any other proprietary rights in the Software that is caused or facilitated by the User's failure to abide by the terms of this agreement.
5. This License constitutes the entire agreement between the parties with respect to the Software licensed herein. There are no understandings, agreements or representations with respect to the Software not specified herein. The Author shall not be bound by any additional provisions that may appear in any communication from User. This License may not be modified without the mutual written agreement of the Author and User.
6. This agreement will be construed and enforced in accordance with the law of the state of New Hampshire applicable to contracts performed entirely within the State. The parties irrevocably consent to the exclusive jurisdiction of the state or federal courts located in the New Hampshire for all disputes concerning this agreement.